Resolution-PC 2012-027RESOLUTION NO. PC2012 -027
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3843,
AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96 -55.
AND APPROVING VARIANCE NO. 2012 -04893
(DEV2011- 00109)
(2600 WEST LINCOLN AVENUE)
WHEREAS, on June 10, 1996 the Anaheim City Planning Commission,
(hereinafter referred to as "Planning Commission "), by its Resolution No. PC96 -55, granted
Conditional Use Permit 3843 to permit a used automobile sales and automotive repair facility
with retail sales and installation of accessory automobile parts in a former service station located
in the City of Anaheim, County of Orange, State of California, as more particularly shown on
Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, Condition No. 2 of said resolution specified that the use was
approved for a period of one (1) year to expire on June 10, 1997; and
WHEREAS, on November 10, 1997, the Planning Commission, by its Resolution
No. PC97 -158, did amend Condition No. 2 of Resolution No. 96 -55 to permit the use for an
additional year to expire on June 10, 1998; and
WHEREAS, on July 6, 1998, the Planning Commission, by its Resolution No.
PC98 -106, did reinstate said Conditional Use Permit, and amended the conditions of approval.
including Condition No. 2, to specify that the use would expire on June 10, 1999; and
WHEREAS, on February 17, 1999, the Planning Commission, did by its
Resolution No. PC99 -27, deny a proposed amendment to said Conditional Use Permit to allow
two separate businesses within one existing automobile sales and repair facility; and
WHEREAS, on May 24, 1999 the Planning Commission by its Resolution No.
PC99 -89, did reinstate said Conditional Use Permit, and amended the conditions of approval,
including Condition No. 2, to specify that the use would expire on June 19, 2003;
WHEREAS, on June 30, 2003 the Planning Commission, by its Resolution No.
PC2003 -95, did reinstate said Conditional Use Permit, and amended the conditions of approval,
including Condition No. 2, to specify that the use would expire on June, 19, 2008; and
WHEREAS, on September 29, 2008 the Planning Commission, by its Resolution
No. PC2008 -96, did reinstate said Conditional Use Permit, and amended the conditions of
approval to delete Condition No. 2 pertaining to a time limitation to retain the automobile sales
and automotive repair facility with retail sales and installation of accessory automobile parts; and
WHEREAS, the Planning Commission did receive a verified Petition to amend
Conditional Use Permit No. 3843 (designated as "Conditional Use Permit No. 3843D ") to
expand an existing automotive repair facility to add a new service bay, storage area, accessory
1 PC2012 -027
sales of parts, and permit the sale of automobiles; and approve Variance No. 2012 -04893 to
allow a landscape setback less than required by code:
SECTION NO. 18.08.060.010 Minimum Landscape Setback:
(10 feet required; 0 feet proposed)
WHEREAS, this property is developed with commercial building located in the
Commercial General (CG) zone and the Anaheim General Plan designates the property for
General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 23, 2012 at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
amendment to conditional use permit and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The proposed expansion an existing automotive repair facility in order to add a
new service bay, storage area with accessory sales of parts and permit the sales of automobiles
with a landscape setback less than required by code is properly one for which a conditional use
permit is authorized under Section 18.08.030.040.0402 of the Anaheim Municipal Code.
2. The proposed expansion an existing automotive repair facility in order to add a
new service bay, storage area with a landscape setback less than required by code will not
adversely affect the adjoining land uses, or the growth and development of the area in which it is
proposed to be located because this facility has been in this location since 1996, with minimal
impacts to the surrounding community;
3. The size and shape of the site proposed expansion for an existing automotive
repair facility is adequate to allow the full development of the proposed use, in a manner not
detrimental to either the particular area or health and safety;
4. The traffic generated by the expansion an existing automotive repair facility will
not increase or impose an undue burden upon the streets and highways designed and improved to
carry the traffic in the area because the traffic generated by this use will not exceed the volume
of traffic planned for the streets and highways in the area;
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will improve
the aesthetics of the areas and continue to provide a land use that is compatible with the
surrounding area.
2 PC2012 -027
WHEREAS, the Planning Commission does further find and determine that the
requested variance to allow a landscape setback less than required by code should be approved
for the following reasons:
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. The configuration of this property restricts the ability to
expand and enclose the use and eliminate the outdoor visibility of the automotive use which is
desirable because of the proximity of the residential use to the south. Further, because the
facility abuts an existing driveway adjacent to the residential use, expansion opportunity is
restricted;
2. That, because of the proximity of the driveway adjacent to the residential use
configuration, site size and surroundings, strict application of the Zoning Code would deprive the
property of privileges enjoyed by other property under identical zoning classification in the
vicinity.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Comrnission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
3843 (CUP3843D) to permit the expansion of an existing automotive repair facility to add a new
service bay, storage area, accessory sales of parts and permit the sale of automobiles with a
landscape setback less than required by code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC96 -55, approving Conditional Use Permit No. 3843, as
previously amended. to read as stated in Exhibit `B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2008 -96, approving Conditional Use Permit No. 3843, as
previously approved, shall remain if full force and effect.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
3 PC2012 -027
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 23, 2012. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in th t of an appeal.
A'1"1EST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ' N IM CIT P ING COMMISSION
- 4 - PC2012 -027
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on April 23, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of April, 2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012 -027
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
A maximum of four automobile available for sale may be
displayed at any one time.
Code Enforcement
2
That ongoing during project operation, no required parking
areas shall be fenced or otherwise enclosed for outdoor storage
uses.
Code Enforcement
3
No outdoor storage display or work on vehicles or vehicle parts
shall be permitted. All work on vehicles shall be conducted
wholly inside the building.
Code Enforcement
4
The property owner shall pay the cost of three random Code
Enforcement inspections within a 24 month time frame from
the effective date of the resolution approving Conditional Use
Permit No. 3843D, to be conducted on an unannounced basis,
to ensure on -going compliance with local regulations. Should
the proposed construction /renovation of the project not be
completed by April 23, 2014, this project shall return to the
Planning Commission for review and determination of
compliance with conditions of approval.
Code Enforcement
5
Trees planted on -site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dies.
Code Enforcement
6
Any on -site graffiti shall be removed within 24- hours.
Code Enforcement
7
Landscape planters shall be maintained with minimum 15
gallon sized trees, equaling a minimum of one tree for every 20
linear feet of street frontage along the Lincoln Avenue and
Magnolia Avenue property lines. In addition, the planter along
the south property line adjacent to the driveway shall be
maintained with shrubs, ground cover and vines trailed to climb
the south facing wall and building elevation.
Code Enforcement
8
CIinging vines shall be planted in the landscape planter adjacent
to the east elevation of the building and trailed to climb the
south elevation wall.
Code Enforcement
9
The subject property shall be developed substantially in
Planning
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3843
(CONDITIONAL USE PERMIT NO. 3843D) AND
VARIANCE NO. 2012-04893
(DEV2011- 00109)
- 6
PC2012 -027
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit No. 1 (Site Plan).
Exhibit No. 2 (Elevations) Exhibit No.3 (Floor Plan), Exhibit
No. 4 (Landscape Plan) as conditioned herein.
- 7 - PC2012 -027